Pledging a field

Question

Question: (1) Zayd pledged his field on the condition: “However much land revenue I pay to the landlord, the pledgee shall pay that much,” — or such-and-such an amount will be deducted each year, that is, the pledgee shall pay it to the pledgor; when the money for redemption becomes available, then in the case of redemption he shall pay the remaining money, and in the case of taking the land revenue he shall pay all the money and take back his field. Is the described arrangement permissible or not?

Answer

It is not known with whom the produce of this field will remain — with the pledgor or with the pledgee. If it will remain with the pledgee, it is impermissible, [ar]لِأَنَّ كُلَّ قَرْضٍ جَرَّ نَفْعًا فَهُوَ رِبًا[/ar] “because every loan that draws a benefit is riba.” (2)

Source: Fatawa Mahmudiyya

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